E 

427 

Us 


BANCROFT 

LIBRARY 
<• 

THE  LIBRARY 

OF 

THE  UNIVERSITY 
OF  CALIFORNIA 


Xt.  —  cU~  f,  I  ?  £o  - .t  e  5z 

^ 

PRESIDENT'S   MESSAGE. 


Fellow- citizens  of  the  Senate 

and  of  the  House  of  Representatives; 

I  congratulate  you  and  our  common  constituency  upon  the  favorable  auspices  under  which 
you  meet  for  your  first  session.  Our  country  is  at  peace  with  all  the  world.  The  agitation 
which,  for  a  time,  threatened  to  disturb  the  fraternal  relations  which  make  us  one  people,  is  fas: 
subsiding;  and  a  yrar  of  general  prosperity  and  health  has  crowned  the  nation  with  unusual 
blessing*).  None  can  look  back  to  the  dangers  which  are  passed,  or  forward  to  the  bright  pros- 
pect before  us,  without  feeling  a  thrill  of  gratification,  at  the  same  lime  that  he  must  be  impress- 
ed with  a  grateful  sense  of  our  profound^obligations  to  a  beneficent  Providence,  whose  paterna 
care  is  so  manifest  in  the  happiness  of  this  highly-favored  land. 

Since  the  close  of  the  last  Congress,  certain  Cubans  and  other  foreigners  resident  in  the  United 
States,  who  were  more  or  less  concerned  in  the  previous  invasion  of  Cuba,  instead  of  being  dis- 
couraged by  its  failure,  have  again  abused  the  hospitality  of  this  country,  by  making  it  the 
scene  of  the  equipment  of  another  military  expedition  against  that  possession  of  her  Catholic 
Majesty,  in  which  they  were  countenanced,  aided,  and  joined  by  citizens  of  the  United  States. 
On  receiving  intelligence  that  such  designs  were  entertained,  I  lost  no  time  in  issuing  such  in- 
structions to  the  proper  officers  of  the  United  States  as  seemed  to  be  called  for  by  the  occasion. 
By  the  proclamation,  a  copy  of  which  is  herewith  submitted,  I  also  warned  those  who  might  be 
in  danger  of  being  inveigled  into  this  scheme,  of  its  unlawful  character,  and  of  the  penalties  which 
they  would  incur.  For  some  time  there  was  reason  to  hope  that  these  measures  had  sufficed 
to  prevent  any  s^uch  attempt.  This  hope,  however,' proved  to  be  delusive.  Very  early  in  the 
morning  of  the  third  of  August,  a  steamer  called  the  Pampero  departed  from  New  Orleans  for 
Cuba,  having  on  board  upwards  of  four  hundred  armed  men,  with  evident  intentions  to  make 
war  upon  the  authorities  of  the  island.  This  expedition  was  set  on  foot  in  palpable  violation 
of  the  laws  of  the  United  States.  Its  leader  was  a  Spaniard,  and  several  of  the  chief  officers, 
and  some  others  engaged  in  it,  were  foreigners.  The  persons  composing  it,  however,  were 
mostly  citizens  of  the  United  States. 

Before  the  expedition  set  out,  and  probably  before  it  was  organized,  a  slight  insurrectionary 
movement,  which  appears  to  have  been  soon  suppressed,  had  taken  place  in  the  eastern  quarter 
of  Cuba.  The  importance  of  this  movement  was  unfortunately  so  much  exaggerated  in  the  ac- 
counts of  it  published  in  this  country,  that  these  adventurers  seem  to  have  been  led  to  believe 
that  the  Creole  population  of  the  island  not  only  desired  to  throw  off  the  authority  of  the  mother 
country,  but  had  resolved  upon  that  step,  and  had  begun  a  well-concerted  enterprise  for  effect- 
ing it.  The  persons  engaged  in  the  expedition  were  generally  young  and  ill-informed.  The 
steamer  in  which  they  embarked  left  New  Orleans  stealthily  and  without  a  clearance.  After 
touching  at  Key  West,  she  proceeded  to  the  coast  of  Cuba,  and,  on  the  night  between  the  llt& 
and  12th  of  August,  landed  the  persons  on  board  at  Playtas,  within  about  twenty  leagues  of 
Havana. 

The  main  body  of  them  proceeded  to,  and  took  possession  of,  an  inland  village  six  leagues 
distant,  leaving  others  to  follow  in  charge  of  the  baggage,  as  soon  as  the  means  of  transportation 
could  be  obtained.  The  latter,  having  taken  up  their  line  of  march  to  connect  themselves  whh 
the  main  body,  and  having  proceeded  about  four  leagues  into  the  country,  were  attacked  on  the 
morning  of  the  13th  by  a  body  of  Spanish  troops,  and  a  bloody  conflict  ensued;  after  which 
they  retreated  to  the  place  of  disembarcation,  where  about  fifty  of  them  obtained  boats  and  re- 
embarked  therein.  They  were,  however,  intercepted  among  the  keys  near  the  shore  by  a  Span- 
ish steamer  cruising  on  "the  coast,  captured,  and  carried  to  Havana,  and,  after  being  examined 
before  a  military  court,  were  sentenced  to  be  publicly  executed,  and  the  sentence  was  carried 
into  effect  on  the  16th  of  August. 

On  receiving  information  of  what  had  occurred,  Commodore  Foxhall  A.  Parker  waa  in- 
structed to  proceed  in  the  steam-frigate  Saranac  to  Havana,  and  inquire  into  the  charges  agains 
the  persons  executed,  the  circumstances  under  which  they  were  taken,  and  whatsoever  refer- 
red to  their  trial  and  sentence.  Copies  of  the  instructions  from  the  Department  of  State  to 
him,  and  of  his  letters  to  that  Department,  are  herewith  submitted. 

According  to  the  record  of  the  examination,  the  prisoners  all  admitted  the  offences  charged 
against  them,  of  being  hostile  invaders  of  the  island.  At  ih*  time  of  their  trial  and  executi«» 


2 

the  main  body  of  the  invaders  were  still  in  the  field,  making  war  upon  the  Spanish  authori<- 
lies  and  Spanish  subjects.  After  the  lapse  of  some  days,  being  overcome  by  the  Spanish 
troops,  they  dispersed  on  the  24th  of  August;  Lopez,  their  leader,  was  captured  some  days 
after,  and  execuied  on  the  1st  of  September.  Many  of  his  remaining  followers  were  killed,  or 
died  of  hunger  and  fatigue,  and  the  rest  were  made  prisoners.  Of  these,  none  appear  to  have 
been  tried  or  executed.  Several  of  them  were  pardoned  upon  application  of  their  friends  and 
others,  and  the  rest,  about  one  hundred  and  sixty  in  number,  were  sent  to  Spain.  Of  the  final 
disposition  made  of  these  we  have  no  official  information. 

Such  is  the  melancholy  result  of  this  illegal  and  ill-fated  expedition.  Thus,  thoughtless 
young  men  have  been  induced,  by  false  and  fraudulent  representations,  to  violate'  the  law  of 
their  country,  through  rash  and  unfounded  expectations  of  assisting  to  accomplish  political 
revolutions  in  other  States,  and  have  lost  their  lives  in  the  undertaking.  Too  severe  a  judg- 
ment can  hardly  be  passed,  by  the  indignant  sense  of  the  community,  upon  those  who,  being 
better  informed  themselves,  have  yet  led  away  the  ardor  of  youth  and  an  ill-directed  love  of  po- 
litical liberty.  The  correspondence  between  this  Government  and  that  of  Spain  relating  to  this 
transaction  is  herewith  communicated. 

Although  these  offenders  against  the  laws  have  forfeited  the  protection  of  their  country,  ye 
the  Government  may,  so  far  as  is  consistent  with  its  obligations  to  other  countries,  and  its 
fixed  purpose  to  maintain  and  enforce  the  laws,  entertain  sympathy  for  their  unoffending  fami- 
lies and  friends,  as  well  as  a  feeling  of  compassion  for  themselves.  Accordingly  no  proper 
•effort  has  been  spared,  and  none  will  be  spared,  to  procure  the  release  of  such  citizens  of  the 
United  States,  engaged  in  this  unlawful  enterprise,  as  are  now  in  confinement  in  Spain;  but  it  is 
to  be  hoped  that  such  interposition  with  the  Government  of  that  country  may  not  be  considered 
as  affording  any  ground  of  expectation  that  the  Government  of  the  United  States  will,  here- 
after, feel  itself  under  any  obligation  of  duty  to  interfere  for  the  liberation  or  pardon  of  such 
persons  as  are  flagrant  offenders  against  the  law  of  nations  and  the  laws  of  the  United  States. 
Those  laws  must  be  executed.  If  we  desire  to  maintain  our  respectability  among  the  nations 
of  the  earth,  it  behoves  us  to  enforce  steadily  and  sternly  the  Neutrality  acts  passed  by  Con- 
gress, and  to  follow,  as  far  as  may  be,  the  violation  of  those  acts  with  condign  punishment. 

But  what  gives  a  peculiar  criminality  to  this  invasion  of  Cuba  is,  that,  under  the  lead  of 
Spanish  subjects  and  with  the  aid  of  citizens  of  the  United  States,  it  had  its  origin,  with  many, 
in  motives  of  cupidity.  Money  was  advanced  by  individuals,  probably  in  considerable 
amounts,  to  purchase  Cuban  bonds,  as  they  have  been  called,  issued  by  Lopez,  sold,  doubt- 
less, at  a  very  large  discount,  and  for  the  payment  of  which  the  public  lands  and  public  pro- 
perty of  Cuba,  of  whatever  kind,  and  the  fi.scal  resources  of  the  people  and  government  of  that 
inland,  from  v/liatever  source  to  be  derived,  were  pledged,  as  well  as  the  good  faith  of  the  gov- 
ernment expected  to  be  established.  All  these  means  of  payment,  it  is  evident,  were  only  to  be 
obtained  by  a  process  of  bloodshed,  war,  and  revolution.  None  will  deny  that  those  wiio  set 
on  foot  military  expeditions  against  foreign  States  by  means  like  these,  are  far  more  culpable 
than  the  ignorant  and  the  necessitous  whom  they  induce  to  go  forth  as  the  ostensibh?1.  parties  in 
the  proceeding.  These  originators  of  the  invasion  of  Cuba  seem  to  have  determined,  with 
coolness  and  system,  upon  an  undertaking  which  should  disgrace  their  country,  violate  its 
laws,  and  put  to  hazard  the  lives  of  ill-informed  and  deluded  men.  You  will  consider  whether 
farther  legislation  be  necessary  to  prevent  the  perpetration  of  such  offences  in  future. 

No  individuals  have  a  right  to  hazard  the  peace  of  the  country,  or  to  violate  its  laws,  upon 
vague  notions  of  altering  or  reforming  (governments  in  oilier  States.  This  principle  is  not  only 
reasonable  in  itself,  and  in  accordance  with  public  law,  but  is  engrafted  into  the  codes  of  other 
nations  as  well  as  our  own.  But  while  such  are  the  sentiments  of  this  Government,  it  may  be 
added  that  every  independent  nation  must  be  presumed  to  be  able  to  defend  its  possessions 
against  unauthorized  individuals  banded  together  to  attack  them.  The  Government  of  the 
United  States,  at  all  times  since  its  establishment,  has  abstained,  and  has  sought  to  restrain 
the  citizens  of  the  country,  from  entering  into  controversies  between  other  Powers,  and 
to  observe  all  the  duties  of  neutrality.  At  an  early  period  of  the  Government — in  the  ad- 
ministration of  Washington — several  laws  were  passed  lor  this  purpose.  The  main  provisions 
of  these  laws  were  re-enacted  by  the  act  of  April,  1818,  by  which,  amongst  other  things,  it  was 
declared  that  if  any  person  shall,  within  the  territory  or  juiisdiction  of  the  United  States,  begin, 
or  set  on  foot,  or  provide,  or  prepare  the  means  for  any  military  expedition  or  enterprise  to  be 
Carried  on  from  thence  against  the  territory  or  dominion  of  any  foreign  prince  or  State,  or  of 
any  colony,  district,  or  people  with  whom  the  United  States  are  at  peace,  every  person  so 
offending  shall  be  deemed  guilty  of  a  high  misdemeanor,  and  shall  be  fined  not  exceeding  three 
thousand  dollars,  and  imprisoned  not  more  than  three  years ;  and  this  law  has  been  executed 
and  enforced,  to  the  full  extent  of  the  powf.r  of  the  Government,  from  that  day  to  this. 

In  proclaiming  and  adhering  to  the  doctrine  of  neutrality  and  non-intervention  the  United 
States  have  not  followed  the  lead  of  other  civilized  nations;  they  have  taken  the  lead  them- 
selves, and  have  been  followed  by  others.  This  was  admitted  by  one  of  the  most  eminent  of 
modern  British  statesmen,  who  said  in  Parliament,  while  a  minister  of  the  Crown,  "  that  if  he 
wished  for  a  guide  in  a  system  of  neutrality  he  should  take  that  laid  down  by  America  in  the 
Onye  of  Washington  and  the  secretaryship  of  Jefferson;"  and  we  see,  in  fact,  that  the  act  «jf 


Congress  of  1816  was  followed  the  succeeding  year  by  an  act  of  the  Parliament  of  England, 
substantially  the  same  in  its  general  provisions.  Up  to  that  time  there  had  been  no  similar  law 
in  England,  except  certain  highly  penal  statutes  passed  in  the  reign  of  George  II,  prohibiting 
English  subjects  from  enlisting  in  foreign  service,  the  avowed  object  of  which  statutes  was,  that 
foreign  armies,  raised  for  the  surpose  of  restoring  the  house  of  Stuart  to  the  throne,  should  not 
be  strengthened  by  recruits  from  England  herself. 

All  must  see  that  difficulties  may  arise  in  carrying  the  laws  referred  to  into  execution  in  a 
country  now  having  three  or  four  thousand  miles  of  seacoast,  with  an  infinite  number  of  ports 
and  harbors  and  small  inlets,  from  some  of  which  unlawful  expeditions  may  suddenly  set 
forth,  without  the  knowledge  of  Government,  against  the  possessions  of  foreign  States. 

Friendly  relations  with  all,  but  entangling  alliances  with  none,  has  long  been  a  maxim  with 
us.  Our  true  mission  is  not  to  propagate  onr  opinions,  or  impose  upon  other  countries  our 
form  of  government,  by  artifice  or  force  ;  but  to  teach  by  example,  and  show  by  our  success 
moderation,  and  justice,  the  blessings  of  self-government  and  the  advantages  of  free  institutions. 
Let  every  people  choose  for  itself,  and  make  and  alter  its  political  institutions  to  suit  its  own 
condition  and  convenience.  But,  while  we  avow  and  maintain  this  neutral  policy  ourselves, 
we  are  anxious  to  see  the  same  forbearance  on  the  part  of  other  nations,  whose  forms  of  gov- 
ernment are  different  from  our  own.  The  deep  interest  which  we  feel  in  the  spread  of  liberal 
principles  and  the  establishment  of  free  governments,  and  the  sympathy  with  which  we  wit- 
ness every  struggle  against  oppression,  forbid  that  we  should  be  indifferent  to  those  in  which 
the  strong  arm  of  a  foreign  power  is  invoked  to  stifle  public  sentiment,  and  repress  the  spirit 
of  freedom  in  any  country. 

The  Government  of  Great  Britain  and  France  have  issued  orders  to  their  naval  commanders 
on  the  West  India  station  to  prevent  by  force,  if  necessary,  the  landing  of  adventurers  from  any 
nation  on  the  island  of  Cuba  with  hostile  intent.  The  copy  of  a  memorandum  of  a  conversation  on 
this  subject  between  the  Charge  d'Affaires  of  her  Britannic  Majesty  and  the  Acting  Secretary  of 
State,  and  of  a  subsequent  note  of  the  former  to  the  Department  of  State,  are  herewith  submitted, 
together  with  a  copy  of  a  note  of  the  Acting  Secretary  of  State  to  the  Minister  of  the  French 
Republic,  and  of  the  reply  of  the  latter,  on  the  same  subject.  These  papers  will  acquaint  you 
with  the  grounds  of  this  interposition  of  the  two  leading  commercial  Powers  of  Europe,  and 
with  the  apprehensions,  which  this  Government  could  not  fail  to  entertain,  that  such  interposi- 
tion, if  carried  into  effect,  might  lead  to  abuses  in  derogation  of  the  maritime  rights  of  the 
United  States.  The  maritime  rights  of  the  United  States  are  founded  on  a  firm,  secure,  and 
well-defined  basis ;  they  stand  upon  the  ground  of  national  independence  and  public  law,  and 
will  be  maintained  in  all  their  full  and  just  extent. 

The  principle  which  this  Government  has  heretofore  solemnly  announced  it  still  adheres  to, 
and  will  maintain  under  all  circumstances  and  at  all  hazards.  That  principle  is,  that  in  every 
regularly  documented  merchant  vessel,  the  crew  who  navigate  it,  and  those  on  board  of  it,  will 
find  their  protection  in  the  flag  which  is  over  them.  No  American  ship  can  be  allowed  to  be 
visited  or  searched  for  the  purpose  of  ascertaining  the  character  of  individuals  on  board,  nor 
can  there  be  allowed  any  watch  by  the  vessels  of  any  foreign  nation  over  American  vessels  on 
the  coasts  of  the  United  States,  or  the  seas  adjacent  thereto.  It  will  be  seen  by  the  last  com- 
munication from  the  Britisii  Charge  d'Affaires  te  the  Department  of  State,  that  he  is  authorized 
to  assure  the  Secretary  of  State  that  every  care  will  be  taken  that,  in  executing  the  preventive/ 
measures  against  the  expeditions,  which  the  United  States  Governmeat  itself  has  denounced  at 
not  being  entitled  to  the  protection  of  any  government,  no  interference  shall  take  place  with  the 
lawful  commerce  of  any  nation. 

In  addition  to  the  correspondence  on  'his  subject,  herewith  submitted,  official  mformati 
has  been  received  at  the  Department  of  State,  of  assurances  by  the  French  Government  that,  in 
the  orders  given  to  the  French  naval  forces,  they  were  expressly  instructed,  in  any  operations 
they  might  engage  in,  to  respect  the  flag  of  the  United  States,  wherever  it  might  appear,  and  i 
commit  no  act  ot  hostility  upon  any  vessel  or  armament  under  its  protection. 

Ministers  and  consuls  of  foreign  nations^ire  the  means  and  agents  of  communication  6e- 
tween  us  and  those  nations,  and  it  is  of  the  utmost  importance  that,  while  residing  in  the 
country,  they  should  feei  a  perfect  security  so  long  as  they  faithfully  discharge  their  respective 
duties^  and  are  guilty  of  no  violation  of  our  laws.  This  is  the  admitted  law  of  nations,  anA  no 
country  has  a  deeper  interest  in  maintaining  it  than  the  United  States.  Our  commerce  spread? 
over  every  sea,  and  visits  every  clime,  and  our  ministers  and  consuls  are  appointed  to  piourcf 
the  interests  of  that  commerce,  as  well  as  to  guard  the  peace  of  the  country,  and  maintain,  v 
honor  of  its  flag.  But  how  can  they  discharge  these  duties  unless  they  be  themselves  protecteo, 
and,  if  protected,  it  must  be  by  the  laws  of  the  country  in  which  they  reside.  And  what  is  due 
to  our  own  public  functionaries  residing  in  foreign  .  nations  is  exactly  the  measure  of  what  is 
due  to  the  functionaries  of  other  Governments  residing  here.  As  in  war,  the  bearers  offlagb 
of  truce  are  sacred,  or  else  wars  would  be  interminable,  so  in  peace,  embassadors,  publicmm- 
isters,  and  consuls,  charged  with  friendly  national  intercourse,  are  objects  of  especial  respect 
and  protection,  each  according  to  the  rights  belonging  to  his  rank  and  station.  In  view  of 
these  important  principles,  it  is  with  deep  mortification  and  regret  I  announce  to  you  that, 
during  the  excitement  growing  out  of  the  executions  at  Havana,  the  office  of  her  GathoH*  Maj— 


esty'e  censul  at  New  Orleans  was  assailed  by  a  mob,  his  property  destroyed,  the  Spanish  flag 
found  in  the  office  carried  off'  and  torn  in  pieces,  and  he  himself  induced  to  flee  for  his  personal 
safety,  which  he  supposed  to  be  in  danger.  On  receiving  intelligence  of  these  events,  I  forth- 
with directed  the  attorney  of  the  United  State?,  residing  at  New  Orleans,  to  inquire  into  the 
facts,  and  the  extent  of  the  pecuniary  loss  sustained  by  the  cpnsul,  with  the  intention  of  laying 
them  before  you,  that  you  might  make  provision  for  such  indemnity  to  him  as  a  just  regard  for 
the  honor  of  the  nation  and  the  respect  which  is  due  to  a  friendly  power,  might,  in  your  judg- 
ment, seem  to  require.  The  correspondence  upon  this  subject  between  the  Secretary  of  State 
and  her  Catholic  Majesty's  minister  plenipotentiary  is  herewith  transmuted. 

The  occurrence  at  New  Orleans  has  led  me  to  give  my  attention  to  the  state  of  our  laws  in 
regard  to  foreign  embassadors,  ministers,  and  consuls.  1  think  the  legislation  of  the  country  is 
deficient  in  not  providing  sufficiently  either  for  the  protection  or  the  punishment  of  consuls.  I 
therefore  recommend  the  subject  to  the  consideration  of  Congress. 

Your  attention  is  again  invited  to  the  question  of  reciprocal  trade  between  the  United  States 
and  Canada  and  other  British  possessions  near  our  frontier.  Overtures  for  a  convention  upon 
this  subject  have  been  received  from  her  Britannic  Majesty's  Minister  Plenipotentiary,  but  it 
seems  to  be  in  many  respects  preferable  that  the  matter  should  be  regulated  by  reciprocal  legis- 
lation. Documents  are  laid  before  you,  showing  the  terms  which  the  British  Government  is 
willing  to  offer,  and.  the  measures  which  it  may  adopt,  if  some  arrangement  upon  this  subject 
shall  not  be  matfe. 

From  the  accompanying  copy  of  a  note  from  the  British  legation  at  Washington,  and  the 
reply  of  the  Department  of  State  thereto,  it  will  appear  that  her  Britannic  Majesty's  Govern- 
ment is  desirous  that  a  part  of  the  boundary  line  between  Oregon  and  the  .British  possessions 
should  be  authoritatively  marked  out,  and  that  an  intention  was  expressed  to  apply  to  Con- 
gress for  an  appropriat  on  to  defray  the  expense  thereof  on  the  part  of  the  United  States.  Your 
attention  to  this  subject  is  accordingly  invited,  and  a  proper  appropriation  recommended. 

A  convention  for  the  adjustment  of  claims  of  citizens  of  the  United  States  against  Portugal 
has  been  concluded,  and  the  ratifications  have  been  exchanged.  The  first  instalment  of  the 
amount  to  be  paid  by  Portugal  fell  due  on  the  30th  of  September  last,  and  has  been  paid. 

The  President  of  the  French  Republic,  according  to  the  provisions  of  the  convention,  has 
been  selected  as  arbiter  in  the  case  of  the  General  Armstrong,  and  has  signified  that  he  accepts 
the  trust,  and  the  high  satisfaction  he  feels  in  acting  as  the  common  friend  of  two  nations  with 
which  France  is  united  by  sentiments  of  sincere  and  lasting  amity. 

The  Turkish  Government  has  expressed  its  thanks  for  the  kind  reception  given  to  the  Sul- 
tan'sagent,  Amin  Bey,  on  the  occasion  of  his  recent  visit  to  the  United  States.  On  the  23th 
of  February  last,  a  despatch  svas  addressed  by  the  Secretary  of  State  to  Mr.  Marsh,  the  Amer- 
ican minister  at  Constantinople,  instructing  him  to  ask  of  the  Turkish  government  permission 
for  the  Hungarians,  then  imprisoned  w  thin  the  dominions  of  the  Sublime  Porte,  to  remove  to 
this  country.  On  the  3d  of  March  last,  both  Houses  of  Congress  passed  a  resolution  request- 
ing the  President  to  authorize  the  employment  of  a  public  vessel  t©  convey  to  this  country 
Louis  Kossuth  and  his  associates  in  captivity. 

The  instruction  above  referred  to  was  complied  with,  and  the  Turkish  government  having 

released  Governor  Kossuth  and  his  companions  from  prison,  on  the  10th  of  September  last  they 

embarked  on  board  of  the  United  States?  steam-frigate  Mississippi,  which  was  selected  to  carry 

into  effect  the  resolution  of  Congress     Governor  Kossuth  left  the  Mississippi  at  Gibraltar,  for 

the  purpose  of  making  a  visit  to  England,  and  may  shortly  be  expected  in    New  York.     By 

•-ommunications  to  the  Department  of  State  he  has  expressed  his  grateful  acknowledgments  for 

he  interposition  of  this  Government  in  behalf  of  himself  and  his  associates.     This  country  has 

•een  justly  regarded  as  a  safe  asylum  for  those  whom  political  events  have  exiled  from  their 

ovn  homes  in  Europe  ;  and  it  is  recommended  to  Congress  to  consider  in  what  manner  Gov- 

1  Kossuth  and  his  companions,  brought  hither  by  its  authority,  shall  be  received  and 

.tig  earnestly  to  be  hoped  that  the  difference's  "which  have  for  some  time  past  been  pend- 
ing between  the  Government  of  the  French  Republic  and  that  of  the  Sandwich  Islands,  may  be 
peateably  and  durably  adjusted,  so  as  to  secure  the  independence  of  those  islands.     Long  be- 
lorethe  event*  which  have  of  late  imparted  so  much  importance  to  the  possessions  of  the  United 
bUUs  on  the  Pacific,  we  acknowledged  the  independence  of  che  Hawaiian  government.    This 
IxGvwnment  was  first  in  taking  that  step,  and  several  of  the  leading  powers  of  Europe  immedi- 
iteiy  followed.  We  were  influenced  in  this  measure  by  the  existing  and  prospective  importance 
t>ie  islands  as  a  place  of  refuge  and  refreshment  for  our  vessels  engaged  in  the  whale  fishery, 
d  by  the  consideration  that  they  lie  in  the  course  of  the  great  trade  which  must,  at  no  distant 
day,  be  earned  on  between  the  western  coast  of  North  America  and  Eastern  Asia. 

We  were  also  influenced  by  a  desire  that  those  islands  should  not  pass  under  the  control  of 
any  Uner  great  maritime  State,  but  should  remain  in  an  independent  condition,  and  so  be  ac- 
nble  and  useful  to  the  commerce  of  all  nations.     I  need  not  sny  that  the  importance  of  these 
iKJeratiorwj  has  been  greatly  enhanced  by  ihe  sudden  und  vast  development  which  the  inter- 
a  of  the  United  Stales  have  attained  in  California  and  Oregon;  and  the  policy   heretofore 
10  regard  to  those  islands  will  be  steadily  pursued 


It  is  gratifying;,  not  only  to  those  who  consider  the  commercial  interests  of  nations,  but  also 
to  all  who  favor  the  progress  of  knowledge  and  the  diffusion  of  religion,  to  see  a  community 
emerge  from  a  savage  state  and  attain  such  a  degree  of  civilization  in  those  distant  seas. 

It  is  much  to  be  deplored  that  the  internal  tranquillity  of  the  Mexican  Republic  should  again 
be  seriously  disturbed;  for,  since  the  peace  between  that  Republic  and  the  United  Slates,  it  had 
enjoyed  such  comparative  repose  that  the  most  favorable  anticipations  for  the  future  might,  with 
a  degree  of  confidence,  have  been  indulged.  These,  however,  have  been  thwarted  by  the  recent 
outbreak  in  the  State  of  Tamaulipas,  on  the  right  bank  of  the  Rio  Bravo.  Having  received 
information  that  persons  from  the  United  States  had  taken  part  in  the  insurrection,  and  appre- 
hending that  their  example  might  be  followed  by  others,  1  caused  orders  to  be  issued  for  the 
purpose  of  preventing  an  y  hostile  expeditions  against  Mexico  from  being  set  on  foot  in  viola- 
don  of  the  laws  of  the  United  States  I  likewise  issued  a  proclamation  upon  the  subject,  a  copy 
of  which  is  herewith  laid  before  you.  This  appeared  to  be  rendered  imperative  by  the  obliga- 
tions of  treaties  and  the  general  duties  of  good  neighborhood. 

In  my  last  annual  message  I  informed  Congress  that  citizens  of  the  United  States  had  under- 
taken the  connexion  of  the  two  oceans  by  means  of  a  railroad  across  the  Isthmus  of  Tehuante- 
pec,  under  a  grant  of  the  Mexican  government  to  a  citizen  of  that  Republic ;  and  that  this  enter- 
prise would  probably  be  prosecuted  with  energy  whenever  Mexico  should  consent  to  such  stip- 
ulations with  the  Government  of  the  United  States  as  should  impart  a  feeling  of  security  to 
those  who  should  invest  their  property  in  the  enterprise. 

A  convention  between  the  two  governments  for  the  accomplishment  of  that  end  has  been  rati- 
fied by  this  Government,  and  only  awaits  the  decision  of  the  Congress  and  the  Executive  of 
that  Republic. 

Some  unexpected  difficulties  and  delays  have  arisen  in  the  ratification  of  that  convention  by 
Mexico,  but  it  is  to  be  presumed  that  her  decision  will  be  governed  by  just  and  enlightened 
views,  as  well  of  the  general  importance  of  the  object,  as  of  her  own  interests  and  obligations. 

In  negotiating  upon  this  important  subject,  this  Government  has  had  in  view  one,  and  only 
one,  object.  That  object  has  been,  and  is,  the  construction  or  attainment  of  a  passage  from 
ocean  to  ocean,  the  shortest  and  the  best  for  travellers  and  merchandise,  and  equally  open  to  all 
•he  world.  It  has  sought  to  obtain  no  territorial  acquisition,  nor  any  advantages  peculiar  to  itself; 
and  it  would  see,  with  the  greatest  regret,  that  Mexico  should  oppose  any  obstacle  to  the  accom- 
plishment of  an  enterprise  which  promises  so  much  convenience  to  the  whole  commercial  world, 
and  such  eminent  advantages  to  Mexico  herself.  Impressed  with  these  sentiments  and  these 
convictions,  the  Government  will  continue  to  exert  all  proper  efforts  to  bring  about  the  necessary 
arrangement  with  the  Republic  of  Mexico  for  the  speedy  completion  of  the  work. 

For  some  months  past  the  Republic  of  Nicaragua  has  been  the  theatre  of  one  of  those  civil 
convulsions,  from  which  the  cause  of  free  institutions,  and  the  general  prosperity  and  social  pro- 
gress of  the  States  of  Central  America,  have  so  often  and  so  severely  suffered.  Until  quiet  shall 
have  been  restored,  and  a  government  apparently  stable  shall  have  been  organized,  no  advance 
can  prudently  be  made  in  disposing  of  the  questions  pending  between  the  two  countries. 

I  am  happy  to  announce  that  an  inter-oceanic  communication  from  the  mouth  of  the  St.  John 
to  the  Pacific  has  been  so  far  accomplished  as  that  passengers  have  actually  traversed  it,  and 
merchandise  has  been  transported  over  it;  and  when  the  canal  shall  have  been  completed,  accord- 
ing to  the  original  plan,  the  means  of  communication  will  be  further  improved. 

It  is  understood  that  a  considerable  part  of  the  railroad  across  the  Isthmus  of  Panama  has 
been  completed,  and  that  the  mail  and  passengers  will  in  future  be  conveyed  thereon. 

Whichever  of  the  several  routes  between  the  two  oceans  may  ultimately  prove  mosteligibl 
for  travellers  to  and  from  the  different  States  on  the  Atlantic  and  Gulf  of  Mexico  and  our  coas 
on  the  Pacific,  there  is  little  reason  to  doubt  that  all  of  them  will  be  useful  to  the  public,  an 
will  liberally  reward  that  ii dividual  enterprise  by  which  alone  they  have  been  or  are  expec 
to  be  carried  into  effect. 

Peace  has  been  concluded  between  the  contending  parties  in  the  Island  of  St.  Domingo, 
it  is  hoped  upon  a  durable  basis.    Such  is  the  extent  of  our  commercial  relations  with  tjjt 
island,  that  the  United  States  cannot  fail  to  feel  a  strong  interest  in  its  tranquillity. 

-The  office  of  Commissioner  to  China  remains  unfilled  ;  several  persons  have  been  appoin 
and  the  place  has  been  offered  to  others,  all  of  whom  have  dec  ined  its  acceptance,  on 
ground  of  the  inadequacy  of  the  compensation.  The  annual  allowance  by  law  is  six  thoufnd 
dollars,  and  there  is  no  provision  for  any  outfit.  I  earnestly  recommend  the  consideratin  of 
:his  subject  to  Congress.  Our  commerce  with  China  is  highly  important,  and  is  becoming  Aore 
and  more  so,  in  consequence  of  the  increasing  intercourse  between  our  ports  on  the  PaciliqWst 
and  Eastern  Asia.  China  is  understood  to  be  a  country  in  which  living  is  very  expensive  and 
I  know  of  no  reason  why  the  American  commissioner  sent  thither  should  not  be  plaeJ.  in 
regard  to  compensation,  on  an  equal  footing  with  ministers  who  represent  this  country  ^y  the 
courts  of  Europe. 

By  reference  to  the  report  of  the  Secretary  of  the  Treasury,  it  will  be  seen  that  the  agg 
receipts  for  the  last  fiscal  year  amounted  to  $52,312,979  87;  which,  with  the  balance /n  the 
Treasury  on  the  1st  July,  1350,  gave,  as  the  available  means  for  the  vear,  the  sfim  of 
$58,917,524  36. 

The  total  expenditures  for  the  same  period  were  $48,005,878  68. 


The  total  imports  for  the  year  ending  30th  June,  1851,  were , $215,725,995 

Of  which  there  were  in  specie 4,967,901 

The  exports  for  the  same  period  were 217,517,130 

Of  which  there  were  of  domestic  products $178,546,555 

Foreign  goods  re-exported 9,738,695 

Specie..  29,231,880 

$217,517,130 

Since  the  1st  of  December  last  the  payments  in  cash  on  account  of  the  public  debt,  exclusive 
of  interest,  have  amounted  to  $7,501,456  56  ;  which,  however,  includes  the  sum  of  $3,242,400 
paid  under  the  12th  article  of  the  treaty  with  Mexico,  and  the  further  sum  of  $2,591,213  45, 
being  the  amount  of  awards  to  American  citizens  under  the  late  treaty  with  Mexico,  for  which 
the  issue  of  stock  was  authorized,  but  which  was  paid  in  cash  from  the  Treasury. 

The  public  debt  on  the  20th  ultimo,  exclusive  of  the  stock  authorized  to  be  issued  to  Texas 
by  the  act  of  9th  September,  1850,  was  $62,560,395  26. 

The  receipts  for  the  next  fiscal  year  are  estimated  at  $51,800,000,  which,  with  the  probable 
unappropriated  balance  in  the  Treasury  on  the  30th  June  next,  will  give,  as  the  probable  avail- 
able means  for  that  year,  the  sum  of  £63,258,743  09. 

It  has  been  deemed  proper,  in  view  of  the  large  expenditures  consequent  upon  the  acquisi- 
tion of  territory  from  Mexico,  that  the  estimates  for  the  next  fiscal  year  should  be  laid  before 
Congress  in  such  manner  as  to  distinguish  the  expenditures  so  required  from  the  otherwise 
ordinary  demands  upon  the  Treasury. 

The  total  expenditures  for  the  next  fiscal  year  are  estimated  at  $42,892,299  19 ;  of  which  there 
is  required  for  the  ordinary  purposes  of  the  Government,  other  than  those  consequent  upon  the 
acquisition  of  our  new  Territories,  and  deducting:  the  payments  on  account  of  tno  publicdebt, 
the  sum  of  $33,343,198  08;  and  for  the  purposes  connected  directly  or  indirectly  with  those 
Territories,  and  in  the  fulfilment  of  the  obligations  of  the  Government,  contracted  in  conse- 
quence of  their  acquisition,  the  sum  of  $9,549,101  11. 

If  the  views  of  the  Secretary  of  the  Treasury  in  reference  to  the  expenditures  required  for 
these  Territories  shall  be  met  by  corresponding  action  on  the  part  of  Congress,  and  appropria- 
tions made  in  accordance  therewith,  there  will  be  an  estimated  unappropriated  balance  in  the 
Treasury  on  the  30th  June,  1853,  of  $20,366,443  90,  wherewith  to  meet  that  portion  of  the 
publicdebt  due  on  the  first  July  following,  amounting  to  $6,237,931  35,  as  well  as  any  appro- 
priations which  may  be  made  beyond  the  estimates. 

In  thus  referring  to  the  estimated  expenditures  on  account  of  our  newly  acquired  Territories, 
I  may  express  the  hope  that  Congress  will  concur  with  me  in  the  desire  that  a  liberal  course  of 
polir.y  may  be  pursued  towards  them,  and  that  every  obligation,  express  or  implied,  entered 
into  in  consequence  of  their  acquisition,  shall  be  fulfilled  by  the  most  liberal  appropriations  for 
that  purpose. 

The  value  of  our  domestic  exports  for  the  last  fiscal  ve*r,  as  compared  with  those  of  the  pre- 
vious year,  exhibit  an  increase  of  $43,646,322.  At  first  view  this  condition  of  our  trade  with 
foreign  nations  would  seem  to  present  the  most  flattering  hopes  of  its  future  prosperity.  An 
examination  of  the  details  of  our  exports,  however,  willshow  that  the  increased  value  of  our 
exports  for  the  last  fiscal  year  is  to  be  found  in  the  high  price  of  cotton  which  prevailed  during 
the  first  half  of  that  year,  which  price  has  since  declined  about  one-half. 

The  value  of  our  exports  of  breadstuff's  and  provisions,  which  it  was  supposed  the  incentive 
of  a  low  tariff  and  lar°;e  importations  from  abroad  would  have  greatly  augmented,  has  fallen 
from  $68,701,921  in  1847,  to  $26,051,373  in  1850,  and  to  $21,948,653  in  1851,  with  a  strong 
probability,  amounting  almost  to  a  certainty,  of  a  still  further  reduction  in  the  current  year. 

The  aggregate  values  of  rice  exported  during  the  last  fiscal  year,  as  compared  with  the  previ- 
•U8  year,  also  exhibit  a  decrease  amounting  to  $460,917,  which,  with  a  decline  in  the  values  of 
ic  experts  of  tobacco  for  the  same  period,  make  an  a^gre^ate  decrease  in  these  two  articles  of 
1,156,751. 

The  policy  which  dictated  a  low  rate  of  duties  on  foreign  merchandise,  it  was  thought  by 
thse  who  promoted  and  established  it,  would  tend  to  benefit  the  farming  population  of  this 
c^ntry,  by  increasing  the  demand  and  raising  the  price  of  agricultural  products  in  foreign 
nii-kets. 

"he  foregoins:  facts,  however,  seem  to  show,  incontestibly,  that  no  such  result  has  followed 
tneadoption  of  this  policy.  On  the  contrary,  notwithstanding  the  repeal  of  the  restrictive 
con  Jaws  in  England,  the  foreign  demand  for  the  products  of  the  American  farmer  has  steadily 
deched,  since  the  short  crops  and  consequent  famine  in  a  portion  of  Europe  have  been  happily 
replied  by  full  crops  and  comparative  abundance  of  food. 

It  vill  be  seen,  by  recurring  to  the  commercial  statistics  for  the  past  year,  that  the  value  of 
our  Irmeatic  exports  has  been  increased  in  the  single  item  of  raw  cotton  by  $40,000.000  over 
the  ralue  of  that  export  for  the  year  preceding.  This  is  not  due  to  any  increased  general 
dem&id  for  that  article,  but  to  the  whort  crop  of  the  preceding  year,  which  created  an  increased 
dema.d  and  an  augmented  price  for  the  crop  of  last  year.  Should  the  cotton  crop  now  going 
forwad  to  market  be  only  equal  in  quantity  to  that  of  the  year  preceding,  and  be  sold  at  the 
preseu  prices,  then  there  would  be  a  falling  off  in  the  value  of  our  export*  for  the  present  fiscal 


Jear  of  at  least  $40,000,000,  compared  with  the  amount  exported  for  the  year  ending  30th 
une,  1851. 

The  production  of  gold  in  California  for  the  past  year  seems  to  promise  a  large  supply  of 
that  metal  from  thar.  quarter  for  some  time  to  come.  This  large  annual  increase  of  the  currency 
of  the  world  must  be  attended  with  its  usual  results.  These  have  been  already  partially  dis- 
closed in  the  enhancement  of  prices  and  a  rising  spirit  of  speculation  and  adventure,  tending  to 
overtrading,  as  well  at  home  as  abroad.  Unless  some  salutary  check  shall  be  given  to  these 
tendencies,  it  is  to  be  feared  that  importations  of  foreign  goods  beyond  a  healthy  demand  in 
this  country  will  lead  to  a  sudden  drain  of  the  precious  metals  from  us,  bringing  with  it,  as  it 
has  done  in  former  times,  the  most  disastrous  consequences  to  the  business  and  capital  of  the 
American  people. 

The  exports  of  specie  to  liquidate  our  foreign  debt  during  the  past  fiscal  year  have  been 
$24,263,979  over  the  amount  of  specie  imported.  The'exports  of  specie  during  the  first  quar- 
ter of  the  present  fiscal  year  have  been  §14,651,827.  Should  specie  continue  to  be  exported  at 
this  rate  for  the  remaining  three  quarters  of  this  year,  it  will  drain  from  our  metallic  currency, 
during  the  year  ending  30th  June,  1852,  the  enormous  amount  of  §58,607,308. 

In  the  present  prosperous  condition  of  the  national  finances,  it  will  become  the  duty  of  Con- 
gress to  consider  the  best  mode  of  paying  off  the  public  debt.  If  the  present  and  anticipated 
surplus  in  the  Treasury  should  not  be  absorbed  by  appropriations  of  an  extraordinary  charac- 
ter, this  surplus  should  be  employed  in  such  way^  and  under  such  restrictions,  as  Congress 
may  enact,  in  extinguishing  the  outstanding  debt  of  the  nation. 

By  reference  to  the  act  of  Congress  approved  9th  September,  1850,  it  will  be  seen  that,  in 
consideration  of  certain  concessions  by  the  State  of  Texas,  it  is  provided  that  the  "  United 
Slates  shall  pay  to  the  State  of  Texas  the  sum  often  millions  of  dollars,  in  a  stock  bearing  five 
per  cent,  interest,  and  redeemable  at  the  end  of  fourteen  years,  the  interest  payable  half  yearly 
at  the  Treasury  of  the  United  States." 

In  the  same  section  of  the  law  it  is  further  provided  "  that  no  more  than  five  millions  of  said 
stock  shall  be  issued  until  the  creditors  of  the  State  holding  bonds  and  other  certificates  of 
stock  of  Texas,  for  whicli  duties  on  imports  were  specially  pledged,  shall  first  file  at  the  Treasury 
of  the  United  States  releases  of  all  claims  against  the  United  States,  for  or  on  account  of  said 
bonds  or  certificates,  in  such  form  as  shall  be  prescribed  by  the  Secretary  of  the  Treasury,  and 
approved  by  the  President  of  the  United  States." 

The  form  of  release  thus  provided  for  has  been  prescribed  by  the  Secretary  of  the  Treasury, 
and  approved.  It  has  been  published  in  all  the  leading  newspapers  in  the  commercial  cities  of 
the  United  States,  and  all  persons  holding  claims  of  the  kind  specified  in  the  foregoing  proviso 
were  required  to  file  their  releases  (in  the  form  thus  prescribed)  in  the  Treasury  ef  the  United 
States,  on  or  before  the  1st  day  of  October,  1851.  Although  this  publication  has  been  contin- 
ued from  the  25th  day  of  March,  1851,  yet  up  to  the  first  of  October  last  comparatively  few 
releases  had  been  filed  by  the  creditors  of  Texas. 

The  authorities  of  the  State  of  Texas,  at  the  request  of  the  Secretary  of  the  Treasury,  have 
furnished  a  schedule  of  the  public  debt  of  that  State  created  prior  to  her  admission  into  the  Union, 
with  a  copy  of  the  laws  under  which  each  class  was  contracted. 

I  have,  from  the  documents  furnished  by  the  State  of  Texas,  determined  the  classes  of  claims 
which,  in  my  judgment,  fall  within  the  provisions  of  the  act  of  Congress  of  the  9th  of  Septem- 
ber, 1850. 

On  being  officially  informed  of  the  acceptance  by  Texas  of  the  propositions  contained  in  the 
act  referred  to,  I  caused  the  stock  to  be  prepared,  and  the  five  millions  which  are  to  be  issued 
unconditionally,  bearing  an  interest  of  five  per  cent.,  from  the  1st  day  of  January,  1851,  have 
been  for  some  time  ready  to  be  delivered  to  the  Slate  of  Texas.  The  authorities  of  Texas,  up 
to  the  present  time,  have  not  authorized  any  one  to  receive  this  stock,  and  it  remains  in  the 
Treasury  Department,  subject  to  the  order  of  Texas. 

The  releases,  required  by  law  to  be  deposited  in  the  Treasury,  not  having  been  filed  there, 
the  remaining  five  millions  have  not  been  issued.  This  last  amount  of  the  stock  will  be  with- 
held from  Texas  until  the  conditions  upon  which  it  ist  •  be  delivered  shall  be  complied  with  by 
the  creditors  of  that  State,  unless  Congress  shall  otherwise  lirect  by  a  modification  of  the  law. 

In  my  last  annual  message,  to  which  I  respectfully  refer,  I  «  ated  briefly  the  reasons  which 
induced  me  to  recommend  a  modification  of  the  present  tariff,  by  converting  the  ad  valorem 
into  a  specific  duty,  wherever  the  article  imported  was  of  such  a  character  as  to  permit  it,  and  j 
that  such  a  discrimination  should  be  made  in  favor  of  the  industrial  pursuits  of  our  own  coun- 
try as  to  encourage  home  production,  without  excluding  foreign  competition. 

The  numerous  frauds  which  continue  to  be  practised  upon  the  revenue,  by  false  invoices  and! 
undervaluations,  constitute  an  unanswerable  reason  for  adopting  specific  instead  of  ad  valorem 
duties  in  all  cases  where  the  nature  of  the  commodity  does  not  forbid  it.  A  striking  illustral 
tion  of  these  frauds  will  be  exhibited  hi  the  report  of  the  Secretary  of  the  Treasury,  showing 
the  custom-house  valuation  of  articles  imported  under  a  former  law  subject  to  specific  dutic-" 
when  there  was  no  inducement  to  undervaluation,  and  the  custom-house  valuations  of  the  sar 
articles,  under  the  present  system  of  ad  valorem  duties,  so  greatly  reduced  as  to  leave  no  dout 
of  the  existence  of  the  most  flagrant  abuses  under  the  existing  laws.  Thia  practical  evasion  4 


8 

the  present  law,  combined  with  the  languishing  condition  of  some  of  the  great  interests  of  the 
country,  caused  by  over-importations  and  consequent  depressed  puces,  and  with  the  failure  m 
obtaining  a  foreign  market  for  our  increasing  surplus  of  breadstuff's  and  provisions,  has  induced 
me  n°-ain  to  recommend  a  modification  of  the  existing  tariff. 

The  report  of  the  Secretary  of  the  Interior,  which  accompanies  this  communication,  will  pre- 
sent a  condensed  statement  of  the  operations  of  that  important  department  of  the  Government. 

It  will  be  seen  that  the  cash  sales  of  the  public  lands  exceed  those  of  the  preceding  year,  ami 
that  there  is  reason  to  anticipate  a  still  further  increase,  notwithstanding  the  large  donations  which 
have  been  made  to  many  of  the  States,  and  the  liberal  grants  to  individuals  as  a  reward  for 
military  services.  This  fact  furnishes  very  gratifying  evidence  of  the  growing  wealth  and 
prosperity  of  our  country. 

Suitable  measures  have  been  adopted  for  commencing  the  survey  of  the  public  lands  m  Cali- 
fornia and  Oregon.  Surveying  parties  have  been  organized,  and  some  progress  has  been  made 
in  establishing^the  principal  base  and  meridian  lines.  But  further  legislation  and  additional 
appropriations  will  be  necessary  before  the  proper  subdivisions  can  be  made,  and  the  general 
land  system  extended  over  thos«  remote  parts  of  our  territory. 

On  the  3d  of  March  last  an  act  was  passed  providing  for  the  appointment  of  three  commis- 
sioners to  settle  private  land  claims  in  California.  Three  persons  were  immediately  appointed, 
all  of  whom,  however,  declined  accepting  the  office,  in  consequence  of  the  inadequacy  of  the 
compensation.  Others  were  promptly  selected,  who,  for  the  same  reason,  also  declined;  and  it 
was  not  until  late  in  the  season  that  the  services  of  suitable  persons  could  be  secured.  A  ma- 
jority of  the  commissioners  convened  in  this  city  on  the  10th  of  September  last,  when  detailed 
'instructions  were  given  to  them  in  regard  to  their  duties.  Their  first  meeting  for  the  transaction 
of  business  will  be  held  in  Sun  Francisco  on  the  8th  day  of  the  present  month. 

I  have  thought  it  proper  to  refer  to  these  facts,  not  only  to  explain  the  causes  of  the  delay  in 
filling  the  commission,  but  to  call  your  attention  to  the  propriety  of  increasing  the  compensation 
of  the  commissioners.  The  office  is  one  of  great  labor  and  responsibility,  and  the  compensation 
should  be  such  as  to  command  men  of  a  high  order  of  talents  and  the  most  unquestionable 
integrity. 

The  proper  disposal  of  the  mineral  lands  of  California  is  a  subject  surrounded  by  great  diffi- 
culties. In  my  last  annual  message  I  recommended  the  survey  and  sale  of  them  in  small  parcels, 
under  such  restrictions  as  would  effectually  guard  against  monopoly  and  speculation.  But  upon 
further  information,  and  in  deference  to  the  opinions  of  persons  familiar  with  the  subject,  I  am 
inclined  to  change  that  recommendation,  and  to  advise  that  they  be  permitted  to  remain,  as  at 
present,  a  common  field,  open  to  the  enterprise  and  industry  of  all  our  citizens,  until  further 
experience  shall  have  developed  the  best  policy  to  be  ultimately  adopted  in  regard  to  them.  It 
is  flafer  to  suffer  tho  inconvenience  that  now  exists,  for  a  short  period,  than,  by  premature  legis- 
lation, to  fasten  on  the  country  a  system  founded  in  error,  which  may  place  the  whole  subject 
beyond  the  future  control  of  Congress. 

The  agricultural  lands  should,  however, -be  surveyed  and  brought  into  market  with  as  little 
delay  as~possible,  that  the  titles  may  become  settled,  and  the  inhabitants  stimulated  to  make 
permanent  improvements,  and  enter  on  the  ordinary  pursuits  of  life.  To  effect  these  objects  it 
is  desirable  that  the  necessary  provision  be  made  by  law  for  the  establishment  of  land  offices  in 
California  and  Oregon,  and  for  the  efficient  prosecution  of  the  surveys  at  an  early  day. 

Some  difficulties  have  occurred  in  organizing  the  territorial  governments  of  New  Mexico  and 
Utah-,  and,  when  more  accurate  informutioo  shall  be  obtained  of  the  causes,  a  further  commu- 
nication will  be  made  on  that  subject. 

In  my  last  annual  communication  to  Congress,  1  recommended  the  establishment  of  an  Agri- 
cultural bureau,  and  I  take  this  occasion  again  to  invoke  your  favorable  consideration  of  the 
subject. 

Agriculture  may  justly  be  regarded  as  the  great  interest  of  our  people.  Four-fifths  of  our 
active  population  are  employed  in  the  cultivation  of  the  soil,  and  the  rapid  expansion  of  our  set- 
tlements over  new  territory  is  daily  adding  to  the  number  of  those  engaged  in  that  vocation. 
Justice  and  sound  policy,  therefore,  alike  require  that  the  Government  should  use  all  the  means 
authorized  by  the  Constitution  to  promote  the  interests  and  welfare  of  that  important  class  of  our 
fellow-citizens.  And  yet  it  is  a  singular  fact  that,  whilst  the  manufacturing  and  commercial 
interests  have  engaged  the  attention  of  Congress  during  a  large  portion  of  every  session,  and  our 
statutes  abound  in  provisions  for  their  protection  and  encouragement,  little  has  yet  been  done 
directly  for  the  advancement  of  agriculture.  It  is  time  that  this  reproach  to  our  legislation  should 
be  removed  ;  and  I  sincerely  hope  that  the  present  Congress  will  not  close  their  labors  without 
adopting  efficient  means  to  supply  the  omissions  of  those  who  have  preceded  them. 
,"  An  Agricultural  bureau,  charged  with  the  duty  of  collecting:  and  disseminating  correct  infor- 
mation as  to  the  best  modes  of  cultivation,  and  of  the  most  effectual  means  of  preserving  and 
f  restoring  the  fertility  of  the  soil,  and  of  procuring  and  distributing  seeds,  and  plants,  and  other 
vegetable  productions,  with  instructions  in  regard  to  the  soil,  climate,  and  treatment  best  adapted 
to  their  growth,  could  not  fail  to  be,  in  the  language  of  WASHINGTON,  in  his  last  annual  message 
to  Congress,  a  "  very  cheap  instrument  of  immense  national  benefit." 

Regarding  the  act  of  Congress,  aporoved  28th  September,  1850,  granting  bounty  lands  to  per- 


*>ns  who  had  been  engaged  in  the  military  service  of  the  country  as  a  great  measure  of  national 
justice  and  munificence,  an  anxious  desire  has  been  felt,  by  the  officers  entrusted  with  its  imme- 
diate execution,  to  give  prompt  effect  to  its  provisions.  All  the  means  within  their  control  were, 
therefore,  brought  into  requisition  to  expedite  the  adjudication  of  claims ;  and  I  am  gratified  to 
be  able  to  state,  that  near  one  hundred  thousand  applications  have  been  considered,  and  about 
seventy  thousand  warrants  issued,  within  the  short  space  of  nine  months.  If  adequate  provision 
be  made  by  law  to  carry  into  effect  the  recommendations  of  the  Department,  it  is  confidently 
expected  that,  before  the  close  of  the  next  fiscal  year,  all  who  are  entitled  to  the  benefits  of  thie 
act  will  have  received  their  warrants. 

The  Secretary  of  the  Interior  has  suggested  in  his  report  various  amendments  of  the  laws 
relating  to  pensions  and  bounty  lands,  for  the  purpose  of  more  effectually  guarding  against 
abuses  and  frauds  on  the  Government ;  to  all  of  which  I  invite  your  particular  attention. 

The  large  accessions  to  our  Indian  population  consequent  upon  the  acquisition  of  New 
Mexico  and  California,  and  the  extension  of  our  settlements  into  Utah  and  Oregon,  have  given 
increased  interest  and  importance  to  our  relations  with  the  aboriginal  race. 

No  material  change  has  taken  place  within  the  last  year  in  the  condition  and  prospects  of 
the  Indian  tribes  who  reside  in  the  Northwestern  Territory  and  west  of  the  Mississippi  river. 
We  are  at  peace  with  all  of  them  ;  and  it  will  be  a  source  of  pleasure  to  you  to  learn  that  they 
are  gradually  advancing  in  civilization  and  the  pursuits  of  social  life. 

Along  the  Mexican  frontier,  and  in  California  and  Oregon,  there  have  been  occasional  mani- 
festations of  unfriendly  feeling,  and  some  depredations  committed.  I  am  satisfied,  however, 
that  they  resulted  more  from  the  destitute  and  starving  condition  of  the  Indians  than  from  any 
settled  hostility  toward  the  whites.  As  the  settlements  of  our  citizens  progress  towards  them, 
the  game  upon  which  they  mainly  rely  for  subsistence  is  driven  off  or  destroyed,  and  the  only 
alternative  left  to  them  is.  starvation  or  plunder.  It  becomes  us  to  consider,  in  view  of  this 
condition  of  things,  whether  justice  and  humanity,  as  well  as  an  enlightened  economy,  do  not 
require  that,  instead  of  seeking  to  punish  them  for  offences  which  are  the  result  of  our  own 
policy  towards  them,  we  should  not  provide  for  their  immediate  wants,  and  encourage  them  to. 
engage  in  agriculture,  and  to  rely  on  their  labor,  instead  of  the  chase,  for  the  means  of  support. 

Various  important  treaties  have  been  negotiated  with  different  tribes  during  the  year,  by 
which  their  title  to  large  and  valuable  tracts  of  country  has  been  extinguished:  all  of  which 
will,  at  the  proper  time,  be  submitted  to  the  Senate  for  ratification. 

The  joint  commission  under  the  treaty  of  Guadalupe  Hidalgo  has  been  actively  engaged  in 
running  and  marking  the  boundary  line  between  the  United  States  and  Mexico.  It  was  stated 
jn  the  last  annual  report  of  the  Secretary  of  the  Interior  that  the  initial  point  on  the  Pacific  and 
the  point  of  junction  of  the  Gila  with  the  Colorado  river  had  been  determined,  and  the  inter- 
vening line,  about  one  hundred  and  fifty  miles  in  length,  run  and  marked  by  temporary  monu- 
ment. Since  that  time  a  monument  of  marble  has  been  erected  at  the  initial  point,  and  perma- 
nent landmarks  of  iron  have  been  placed  at  suitable  distances  along  the  line. 

The  initial  point  on  the  Rio  Grande  has  also  been  fixed  by  the  commissioners  at  latitude 
32°  22%  and  at  the  date  of  the  last  communication  the  survey  of  the  line  had  been  made  thence 
westward  about  one  hundred  and  fifty  miles,  to  the  neighborhood  of  the  copper  mines. 

The  commission  on  our  part  was  at  first  organized  on  a  scale  which  experience  proved  to  be 
unwieldy  and  attended  with  unnecessary  expense.  Orders  have,  therefore,  been  issued  for  the 
reduction  of  the  number  of  persons  employed  within  the  smallest  limits  consistent  with  the 
safety  of  those  engaged  in  the  service  and  the  prompt  and  efficient  execution  of  their  important 
duties. 

Returns  have  been  received  from  all  the  officers  engaged  in  taking  the  census  in  the  States 
and  Territories,  except  California.  The  superintendent  employed  to  make  the  enumeration  in 
that  State  has  not  yet  made  his  full  report,  from  causes,  as  he  alleges,  beyond  his  control. 
This  failure  is  much  to  be  regretted,  as  it  has  prevented  the  Secretary  of  the  Interior  from 
making  the  decennial  apportionment  of  representatives  among  the  States,  as  required  by  the 
act  approved  May  23,  1850.  It  is  hoped,  however,  the  returns  will  soon  be  received,  and  no 
:ime  will  then  be  lost  in  making  the  necessary  apportionment,  and  in  transmitting  the  certifi- 
cates required  by  law. 

The  Superintendent  of  the  Seventh  Census  is  diligently  employed,  under  the  direction  of 
the  Secretary  of  the  Interior,  in  classifying  and  arranging,  in  tabular  form,  all  the  statistical 
information  derived  from  the  returns  of  the  marshals,  and  it  is  believed  that  when  the  work 
shall  be  completed  it  will  exhibit  a  more  perfect  view  of  the  population,  wealth,  occupations, 
and  social  condition  of  a  great  country  than  has  ever  been  presented  to  the  world.  The  value 
of  such  a  work,  as  the  basis  of  enlightened  legislation,  can  hardly  be  overestimated ;  and  I 
earnestly  hope  that  Congress  will  lose  no  time  in  making  the  appropriations  necessary  to  com- 
plete the  classifications,  and  to  publish  the  results  in  a^  style  worthy  of  the  subject  and  of  our 
national  character. 

The  want  of  a  uniform  fee  bill,  prescribing  the  compensajion  to  be  allowed  district  attorneys, 
clerks,  marshals,  and  commissioners  in  civil  and  criminal  cases,  is  the  cause  of  much  vexation* 
injustice,  and  complaint.     I  would  recemmend  a  thorough  revision  of  the  laws  on  the  whole 
subject,  and  the  adoption  of  a  tariff  of  fees  which,  as  far  as  practicable,  should  be  uniform, 


and  prescribe  a  specific  compensation  for  every  service  which  the  officer  may  be  required  to 
perform.    This  subject  will  be  fully  presented  in  the  report  of  the  Secretary  of  the  Interior. 

In  my  last  annual  message  I  gave  briefly  my  reasons  for  believing  that  you  possessed  the 
constitutional  power  to  improve  the  harbors  of  our  great  lakes  and  seacoast,  and  the  navigation 
of  our  principal  rivers,  and  recommended  that  appropriations  should  be  made  for  completing 
such  works  as  had  already  been  commenced,  and  for  commencing  such  others  as  might  seem 
to  the  wisdom  of  Congress  to  be  of  public  and  general  importance.  Without  repeating  the 
reasons  then  urged,  I  deem  it  my  duty  again  to  call  your  attention  to  this  important  subject. 
The  works  on  many  of  the.harbors  were  left  in  an  unfinished  state,  and,  consequently,  exposed 
to  the  action  of  the  elements,  which  is  fast  destroying  them.  Great  numbers  of  lives  and  vast 
amounts  of  property  are  annually  lost  for  want  of  safe  and  convenient  harbors  on  the  lakes. 
None  but  those  who  have  been  exposed  to  that  dangerous  navigation  can  fully  appreciate  the 
importance  of  this  subject.  The  whole  Northwe&t  appeals  to  you  for  relief,  and  I  trust  their 
appeal  will  receive  due  consideration  at  your  hands. 

The  same  is  in  a  measure  true  in  regard  to  some  of  the  harbors  and  inlets  on  the  sea  coast. 
The  unobstructed  navigation  of  our  large  rivers  is  of  equal  importance.  Our  settlements  are 
now  extending  to  the  sources  of  the  great  rivers  which  empty  into,  and  form  a  part  of  the  Mis- 
sissippi, and  the  value  of  the  public  lands  in  those  regions  would  be  greatly  enhanced  by  free- 
ing the  navigation  of  those  waters  from  obstructions.  In  view,  therefore,  of  this  great  interest, 
I  deem  it  my  duty  again  to  urge  upon  Congress  to  make  such  appropriations  for  these  im- 
provements as  they  may  deem  necessary. 

The  survey  of  the  Delta  of  the  Mississippi,  with  a  view  to  the  prevention  of  the  overflows 
that  have  proved  so  disastrous  to  that  region  of  country,  have  been  nearly  completed,  and  the 
reports  thereof  are  now  in  course  of  preparation,  and  will  shortly  be  laid  before  you. 

The  protection  of  our  southwestern  frontier,  and  of  the  adjacent  Mexican  States,  against  the 
Indian  tribes  within  our  border,  has  claimed  my  earnest  and  constant  attention.  Congress  hav- 
ing failed,  at  the  last  session,  to  adopt  my  recommendation  that  an  additional  regiment  of 
mounted  men  specially  adapted  to  that  service  should  be  raised,  a!l  that  remained  to  be  done 
was  to  make  the  best  use  of  the  means  at  my  disposal.  Accordingly,  all  the  troops  adapted  to 
that  service  that  could  properly  be  spared  from  other  quarters  have  been  concentrated  on  that 
frontier,  and  officers  of  high  reputation  selected  to  command  them.  A  new  arrangement  of  the 
military  posts  has  also  been  made,  whereby  the  troops  are  brought  nearer  to  the  Mexican  fron- 
tier and  to  the  tribes  they  are  intended  to  overawe. 

Sufficient  time  has  not  yet  elapsed  to  realize  all  the  benefits  that  are  expected  to  result  from 
these  arrangements,  but  I  have  every  reason  to  hope  that  they  will  effectually  check  their  ma- 
rauding expeditions.  The  nature  of  the  country,  which  furnishes  little  for  the  support  of  an 
army,  and  abounds  in  places  of  refuge  and  concealment,  is  remarkably  well  adapted  to  this  pre- 
datory warfare;  and  we  can  scarcely  hope  that  any  military  force,  combined  with  the  greatest 
vigilance,  can  entirely  suppress  it. 

By  the  treaty  of  Guadalupe  Hidalgo  we  are  bound  to  protect.the  territory  of  Mexico  against 
the  incursions  of  the  savage  tribes  within  our  border  "with  equal  diligence  and  energy"  as  if 
the  same  were  made  within  our  territory  or  against  our  citizens.  I  have  endeavored  to  com- 
ply, as  far  as  possible,  with  this  provision  of  the  treaty.  Orders  have  been  given  to  the  officer; 
commanding  on  that  frontier  to  consider  the  Mexican  territory  and  its  inhabitants  as  equally 
with  our  own  entitled  to  their  protection;  and  to  make  all  their  plans  and  arrangements  with  a 
view  to  the  attainment  of  this  object.  Instructions  have  also  been  given  to  the  Indian  commis- 
sioners and  agents  among  these  tribes,  in  all  treaties,  to  make  the  clauses  designed  for  the  pro- 
tection of  our  own  citizens  apply  also  to  those  o.f  Mexico.  I  have  no  reason  to  doubt  thai 
these  instructions  have  been  fully  carried  into  effect.  Nevertheless,  it  is  probable  that,  in  spite 
of  all  our  efforts,  some  of  the  neighboring  States  of  Mexico  may  have  suffered,  as  our  own 
have,  from  depredations  by  the  Indians. 

To  the  difficulties  of  defending  our  own  territory,  as  above  mentioned,  are  superadded,  in  de- 
fending that  of  Mexico,  those  that  arise  from  its  remoteness,  from  the  fact  that  we  have  no 
right  to  station  our  troops  within  her  limits,  and  that  there  is  no  efficient  military  force  on-  the 
Mexican  side  to  co-operate  with  our  own.  So  long  as  this  shall  continue  to  be  the  case,  the 
number  and  activity  of  our  troops  will  rather  increase  than  diminish  the  evil,  as  the  Indians  will 
naturally  turn  towards  that  country  where  they  encounter  the  least  resistance.  Yet  the.se 
troops  are  necessary  to  subdue  them,  and  to  compel  them  to  make  and  observe  treaties.  Until 
Su  i  i  -Ve  '  neither  country  will  enjoy  any  security  from  their  attacks. 

The  Indians  in  California,  who  had  previously  appeared  of  a  peaceable  character,  and  dis- 
posed to  cultivate  the  friendship  of  the  whites,  have  recently  committed  several  acts  of  hostility. 
As  a  UrjM  portion  of  the  reinforcements  sent  to  the  Mexican  frontier  were  drawn  from  the 
Pacific,  the  military  force  now  stationed  there  is  considered  entirely  inadequate  to  its  defence. 
It  cannot  be  increased,  however,  without  an  increase  of  the  army;  and  I  a<niin  recommend  that 
measure  as  indispensable  to  the  protection  of  the  frontier. 

I  invite  your  attention  to  the  suggestions  on  this  subject,  and  on  others  connected  with  his 
•Department,  in  the  report  of  the  Secretary  of  War. 

The  appropriations  for  the  support  of  the  army  during  the  current  fiscal  year  emlmg  30th 


11 

Jtjne  next,  were  reduced  far  below  the  estimate  submitted  by  the  Department.     The  conse- 
quence of  this  reduction  is  a  considerable  deficiency,  to  which  I  invite  your  early  attention. 

The  expenditures  of  that  Department,  for  the  year  ending  33th  Jane  hst,  were  $9.06D.25-J  53. 
The  estimates  for  the  ye^r  commencing  1st  July  next  and  ending  June  30,  1853,  are 
$7,898,775  83;  showing  a  reduction  of  £1,161,492  75. 

The  Board  of  Commissioners,  to  whom  the  mmagement  of  the  affairs  of  the  Military  Asy- 
lum created  by  the  act  of  3d  March  last  was  entrusted,  have  selected  a  site  for  the  establish- 
ment of  an  Asylum  in  the  vicinity  of  this  city,  which  has  been  approved  by  me,  subject  to  the 
production  of  a  satisfactory  title. 

The  report  of  the  Secretary  of  the  Navy  will  exhibit  the  condition  of  the  public  service  under 
the  supervision  of  that  Department.  Our  naval  force  afloat  during  the  present  year  has  been 
actively  and  usefully  employed  in  giving  protection  to  our  widely  extended  and  increasing 
commerce  and  interests  in  the  various  quarters  of  the  globe,  and  our  flas:  has  every  where  af- 
forded the  security  and  received  the  respect  inspired  by  the  justice  and  liberality  of  our  inter- 
course, and  the  dignity  and  power  of  the  nation. 

The  expedition  commanded  by  Lieutenant  De  Haven,  despatched  in  search  of  the  British 
commander,  Sir  John  Franklin,  and  his  companions  in  the  Arctic  Seas,  returned  to  New  York 
in  the  month  of  October,  after  having  undergone  great  peril  and  suffering  from  an  unknown  and 
dangerous  navigation  and  the  rigors  of  a  northern  climate,  without  any  satisfactory  information 
of  the  objects  of  their  search,  but  with  new  contributions  to  science  and  navigation  from  the 
unfrequented  polar  regions.  The  officers  and  men  of  the  expedition,  having  been  all  volun- 
teers for  this  service,  and  having  so  conducted  it  as  to  meet  the  entire  approbation  of  the  Gov- 
ernment, it  is  suggested,  as  an  act  of  grace  and  generosity,  that  the  same  allowances  of  extra 
pay  and  emoluments  be  extended  to  them  that  were  made  to  the  officers  and  men  of  like  rating- 
in  the  late  Exploring  Expedition  to  the  South  Seas. 

I  earnestly  recommend  to  your  attention  the  nepessity  of  reorganizing  the  naval  establish- 
ment, apportioning  and  fixing  the  number  of  officers  in  each  grade,  providing  some  mode  of 
promotion  to  the  higher  grades  of  the  navy,  having  reference  to  merit  and  capacity,  rather  than 
seniority  or  date  of  entry  into  the  service,  and  for  retiring  from  the  effective  list  upon  reduced 
pay  those  who  may  be  incompetent  to  the  performance  of  active  duty.  As  a  measure  of  econ- 
omy, as  well  as  ef  efficiency  in  this  arm  of  the  service,  the  provision  last  mentioned  is  eminently 
worthy  of  your  consideration. 

The  determination  of  the  questions  of  relative  rank  between  the  sea  officers  and  civil  officers 
of  the  navy,  and  between  officers  of  the  army  and  navy,  in  the  various  grades  of  each,  will  also 
merit  your  attention.  The  failure  to  provide  an v  substitute,  when  corporal  punishment  \vae 
abolished  for  offences  in  the  navy,  has  occasioned  the  convening  of  numerous  courts-martial 
upon  the  arrival  of  vessels  in  port,  and  is  believed  to  have  had  an  injurious  effect  upon  the  dis- 
cipline and  efficiency  of  the  service.  To  moderate  punishment  from  one  grade  to  another  is 
among  the  humane  reforms  of  the  age ;  but  to  abolish  one  of  severity,  which  applied  so  gener- 
ally to  offences  on  ship-board,  and  provide  nothing  in  i's  stead,  is  to  suppose  a  progress  of  im- 
provement in  every  individual  among  seamen  which  is  not  assumed  by  the  legislature  in  respect 
to  any  other  class  of  men.  It  is  hoped  that  Congress,  in  the  ample  opportunity  afforded  by 
the  present  session,  will  thoroughly  investigate  this  important  subject,  and  establish  such  modes- 
of  determining  suilt,  and  such  gradations  of  punishment,  as  are  consistent  with  humanity  and 
the  personal  rights  of  individuals,  and  at  the  same  time  shall  ensure  the  most  energetic  and  effi- 
cient performance  of  duty  and  the  suppression  of  crime  in  our  ships  of  war. 

The  stone  dock  in  the  navy  yard  at  New  York,  which  was  ten  years  in  process  of  construc- 
tion, has  been  so  Mr  finished  as  to  be  surrendered  up  to  the  authorities  of  the  yard.  The  dry 
dock  at  Philadelphia  is  reported  as  completed,  and  is  expected  soon  to  be  tested  and  delivered 
over'to  the  agents  of  the  Government.  That  at  Portsmouth,  New  Hampshire,  is  also  nearly 
ready  for  delivery :  and  a  contract  has  been  concluded,  agreeably  to  the  act  of  Congress  at  its 
last  session,  fora  floatin?  sectional  dock  on  the  bay  of  San  Francisco.  I  invite  your  attention 
to  the  recommendation  of  the  Department  touching  the  establishment  of  a  navy  yard  in  con- 
junction with  this  dock  on  the  Pacific.  Such  a  station  is  highly  necessary  to  the  convenience 
and  effectiveness  of  our  fleet  in  that  ocean,  which  must  be  expected  to  increase  with  the  growth 
of  commerce  and  the  rapid  extension  of  our  whale  fisheries  over  its  waters. 

The  Naval  Academy  at  Annapolis,  under  a  revised  and  improved  system  of  regulations,  now 
affords  opportunities  of  education  and  instruction  to  the  pupils  quite  equal,  it  is  believed,  for 
professional  improvement,  to  those  enjoyed  by  the  cadets  in  the  Military  Academy.  A  large 
class  of  acting  midshipmen  was  received  at  the  commencement  of  the  last  academic  term,  and  a 
practice-ship  has  been  attached  to  the  institution,  to  afford  the  amplest  means  for  regular  in- 
struction in  seamanship,  as  well  as  for  cruises  during  the  vacations  of  three  or  four  months  in 
each  year. 

The  advanta^s  of  science  in  nautical  affairs  have  rarely  been  more  strikingly  illustrated  than 
in  the  fact  st'ted  in  the  report  of  the  Navy  Department,  that,  by  means  of  the  wind  and  current 
charts,  projected  and  prepared  by  Lieutenant  Maury,  the  Superintendent  of  the  Naval  Observa- 
tory, the  passage  from  the  Atlantic  to  the  Pacific  ports  of  our  country  has  been  shortened  by 
about  forty  days. 


12 

The  estimates  for  the  support  of  the  navy  and  marine  corps  the  ensuing  fiscal  year  wttt  be 
found  to  be  $5,85fi,472  19,  the  estimates  for  the  current  year  being  $5,900,621. 

The  estimates  for  special  objects  under  the  control  of  this  Department  amount  to  $2  684,230  8», 
against  §2,210.980  for  the  present  year,  the  increase  being  occasioned  by  the  additional  mail 
service  on  the  Pacific  coast  and  the  construction  of  the  dock  in  California,  authorized  at  the  last 
session  of  Congress,  and  some  slight  additions  under  the  head  of  improvements  and  repairs  in 
navy  yards,  buildings,  and  machinery. 

I  deem  it  of  much  importance  to  a  just  economy,  and  a  correct  understanding  of  naval  ex- 
penditures, that  there  should  be  an  entire  separation  of  the  appropriations  for  the  support  of 
the  naval  service  proper  from  those  for  permanent  improvements  at  navy  yards  and  stations, 
and  from  ocean  steam-mail  service,  and  other  special  objects  assigned  to  the  supervision  of  'this 
Department. 

The  report  of  the  Postmaster  General,  herewith  communicated,  presents  an  interesting  view 
of  the  progress,  operations,  and  condition  of  his  Department. 

At  the  close  of  the  last  fiscal  year,  the  length  of  rmil  routes  within  the  United  States  was 
196,290  miles  ;  the  annual  transportation  thereon  53,272,252  miles ;  and  the  annual  coat  of  such 
transportation  #3,421,754. 

The  length  of  the  foreign  mail  routes  is  estimated  at  18,349  miles,  and  the  annual  transporta- 
tion thereon  at  615,206  miles.  The  annual  cost  of  this  service  is  $1,472,187,  of  which  $448,937 
is  paid  by  the  Post  Office  Department,  and  $1,023,250  is  paid  through  the  Navy  Department. 

The  annual  transportation  within  the  United  States  (excluding  the  service  in  California  and 
Ore§gn,  which  is  now,  for  the  first  time,  reported  and  embraced  in  the  tabular  statements  of  the 
Department)  exceeds  that  of  the  preceding  year  6,162,855  miles,  at  an  increased  cost  of  $547,110. 

The  whole  number  of  post  offices  in  the  United  States  on  the  30th  day  of  June  last  was 
19,796.  There  were  1,698  post  offices  established,  and  256  discontinued,  during  the  year. 

The  gross  revenues  of  the  Department  for  the  fiscal  year,  including  the  appropriations  for  the 
franked  matter  of  Congress,  of  the  Departments,  and  officers  of  Government,  and  excluding  the 
foreign  postages,  collected  for,  and  payable  to,  the  British  post  office,  amounted  to  $6,727,866  78. 

The  expenditures  for  the  same  period  (excluding  $20,599  49,  paid  under  an  award  of  the 
Auditor,  in  pursuance  of  a  resolution  of  the  last  Congress,  for  mail  service  on  the  Ohio  and 
Mississippi  rivers  in  1832  and  1833,  and  the  amount  paid  to  the  British  post  office  for  foreign 
postages  collected  for  and  payable  to  that  office)  amounted  to  $6,024,566  79  ;  leaving  a  balance 
of  revenue  over  the  proper  expenditures  of  the  year  of  $703,299  99. 

The  receipts  for  postages  during  the  year  (excluding  the  foreign  postages  collected  for  and 
payable  to  the  British  post  office)  amounted  to  $6.345,747  21,  being  an  increase  of  $997,610  79, 
or  18.65-100  per  cent,  over  the  like  receipts  for  the  preceding  year. 

The  reduction  of  postage,  under  the  act  of  March  last,  did  not  take  effect  until  the  commence- 
ment of  the  present  fiscal  year.  The  accounts  for  the  first  quarter,  under  the  operation  of  the 
reduced  rates,  will  not  be  settled  before  January  next;  and  no  reliable  estimate  of  the  receipts 
for  the  present  year  can  yet  be  made.  It  is  believed ,  however,  that  they  will  fall  far  short  of  those 
of  the  last  year.  The  surplus  of  the  revenues  now  on  hand  is,  however,  so  large  that  no 
further  appropriation  from  the  Treasury,  in  aid  of  the  revenues  of  the  Department,  is  required 
for  the  current  fiscal  year;  but  an  additional  appropriation  for  the  year  ending  June  30,  1853, 
will  probably  be  found  necessary  when  the  receipts  of  the  first  two  quarters  of  the  fiscal  year 
are  fully  ascertained. 

in  his  last  annual  report  the  Postmaster  General  recommended  a  reduction  of  postage  to 
rates  which  he  deemed  as  low  as  could  be  prudently  adopted,  unless  Congress  was  prepared  to 
appropriate  from  the  Treasury,  for  the  support  of  the  Department,^  sum  more  than  equivalent 
to  the  mail  services  performed  by  it  for  the  Government.  The  recommendations  of  the  Postmaster 
General,  in  respect  to  letter  postage,  except  on  letters  from  and  to  California  and  Oregon,  were 
substantially  adopted  by  the  last  Congress.  He  now  recommends  adherence  to  the  present  let- 
ter rates,  and  advises  against  a  further  reduction  until  justified  by  the  revenue  of  the  Depart- 
ment 

He  also  recommends  that  the  rates  of  postage  on  printed  matter  be  so  revised  as  to  render 
them  more  simple,  and  more  uniform  in  their  operation  upon  all  classes  of  printed  matter,  i 
submit  the  recommendations  of  the  report  to  your  favorable  consideration. 

The  public  statutes  of  the  United  States  have  now  been  accumulating  for  more  than  sixty 
years,  and,  interspersed  with  private  acts,  are  scattered  through  numerous  volumes;  and,  from 
the  cost  of  the  whole,  have  become  almost  inaccessible  to  the  great  mass  of  the  community. 
They  also  exhibit  much  of  the  incongruity  and  imperfection  of  hasty  legislation.  As  it  seems 
to  be  generally  conceded  that  there  is  no  "common  law"  of  the  United  States  to  supply  the  de- 
fects of  their  legislation,  it  is  most  important  that  that  legislation  should  be  as  perfect  as  possi- 
ble, defining  every  power  intended  to  be  conferred,  every  crime  intended  to  be  made  punishable, 
and  prescribing  the  punishment  to  be  inflicted.  In  addition  to  some  particular  cases  spoken  of 
more  at  length,  the  whole  criminal  code  is  now  lamentably  defective.  Some  offences  are  im- 
perfectly described,  and  others  are  entirely  omitted;  so  that  flagrant  crimes  may  be  committed 
with  impunity.  The  scale  of  punishment  is  not  in  all  cases  graduated  according  to  the  degree 


13 

'and  nature  of  the  offence,  and  is  often  rendered  more   unequal  by  the  •  different  modes  of  im- 
prisonment, or  penitentiary  confinement,  in  the  different  States. 

y  Many  Jaws  of  a  permanent  character  have  been  introduced  into  appropriation  bills,  and  it  is 
*  often  difficult  to  determine  whether  the  particular  clause  expires  with  the  temporary  act  of 
which  it  is  a  part,  or  continues  in  forr-.e.  It  has  also  frequently  happened  that  enactments  and 
provisions  of  law  have  been  introduced  into  bills,  with  the  title  or  geneial  subject  of  which  they 
have  little  or  no  connexion  or  relation.  In  this  mode  of  legislation  so  many  enactments  have 
been  h«aped  upon  each  other,  and  often  with  but  little  consideration,  that,  in  many  instances,  it 
•a  difficult  to  search  out  and  determine  what  is  the  law. 

The  Government  of  the  United  States  is  emphatically  a  government  of  written  laws.  The 
statutes  should,  therefore,  as  far  as  practicable,  not  only  be  made  accessible  to  all,  but  be  ex- 
pressed in  language  so  plain  and  simple  as  to  be  understood  by  all,  and  arranged  in  such  method 
aa  to  give  perspicuity  to  every  subject.  Many  of  the  States  have  revised  their  pub  ic  acts  with 
great  and  manifest  benefit;  and  I  recommend  that  provision  be  made  by  law  for  the  appoint- 
ment of  a  commission  to  revise  the  public  statutes  of  the  United  States,  arranging  them  in 
order,  supplying  deficiencies,  correcting  incongruities,  simplifying  their  language,  and  reporting; 
them  to  Congress  for  its  action. 

An  act  of  Congress  approved  30th  September,  1850,  contained  a  provision  for  the  extension: 
of  the  Capitol,  according  to  such  plan  as  might  be  approved  by  the  President,  and  appropriated 
one  hundred  thousand  dollars  to  be  expended  under  his  direction,  by  such  architect  as  he 
should  appoint  to  execute  the  same.  On  examining  the  various  plans  which  had  been  submit- 
ted by  different  architects,  in  pursuance  of  an  advertisement  by  a  committee  of  the  Senate,  no> 
one  was  found  to  be  entirely  satisfactory,  and  it  was  therefore  deemed  advisable  to  combine  andt 
adopt  the  advantages  of  several. 

The  great  object  to  be  accomplished  was  to  make  such  an  addition  a"?  would  afford  ample  and 
convenient  halls  for  the  deliberations  of  the  two  Houses  of  Congress,  with  sufficient  accommo- 
dations for  spectators,  and  suitable  apartments  for  the  committees  and  officers  of  the  two 
branches  of  the  Legislature.  It  was  also  desirab'e  not  to  mar  the  harmony  and  beauty  of  the 
present  structure,  which,  as  a  specimen  of  architecture,  is  so  universally  admired.  Keeping 
the*se  objects  in  view,  I  concluded  to  make  the  addition  by  win^s,  detached  from  the  present 
building,  yet  connected  with  it  by  corridors.  This  mode  of  enlargement  will  leave  the  present 
Capitol  uninjured,  and  afford  great  advantages  for  ventilation  and  the  admission  of  light,  and 
will  enable  the  work  to  progress  without  interrupting  the  deliberations  of  Congress.  To  carry 
this  plan  into  effect  I  have  appointed  an  experienced  and  competent  architect.  The  corner- 
stone was  laid  on  the  4th.  day  of  July  last,  with  suitable  ceremonies,  since  which  time  the  work 
has  advanced  with  commendable  rapidity,  and  the  foundations  of  both  wings  are  now  nearly 
complete. 

I  again  commend  to  your  favorable  regard  the  interests  of  th^  District  of  Columbia,  and  deem 
it  only^ieceasary  to  remind  you,  that  although  its  inhabitants  have  no  voice  in  the  choice  of  re- 
presentativee  in  Congress,  they  are  not  the  less  entitled  to  a  just  and  liberal  consideration  in 
your  legislation.  My  opinions  on  this  subject  were  more  fully  expressed  in  my  last  annual 
communication. 

Other  subjects  were  brought  to  the  attention  of  Congress  in  my  last  annual  message,, to  which 
I  would  respectfully  refer.  But  there  was  one  of  more  than  ordinary  interest  to  which  I  again 
invite  your  special  attention.  I  ullude  to  the  recommendaiion  for  the  appointment  of  a  commis- 
sion to  settle  private  claims  against  the  United  States.  Justice  to  individuals  as  well  as  to  the 
Government  imperatively  demands  that  some  more  convenient  and  expeditious  mode  than  an 
appeal  to  Congress  should  be  adopted. 

It  is  deeply  to  be  regretted  that  in  several  instances  officers  of  the  Government,  in  attempting 
to  execute  the  law  for  the  return  of  fugitives  from  labor,  have  been  openly  resisted,  and  their 
efforts  frustrated  and  defeated  by  lawless  and  violent  mobs;  that  in  one  case  such  resistance  re- 
sulted in  the  death  of  an  estimable  citizen,  and  in  others  serious  injury  ensued  to  those  officers 
and  to  individuals  who  were  using  their  endeavors  to  sustain  the  laws.  Prosecutions  have 
been  instituted  against  the  alleged  offenders,  so  far  as  they  could  be  identified,  and  are  still  pend- 
ing. I  have  regarded  it  as  my  duty,  in  these  cases,  to  give  all  aid  legally  in  my  power  to  the 
enforcement  of  the  laws,  and  I  shall  continue  to  do  so  wherever  and  whenever  their  execution 
may  be  resisted. 

Th«  act  of  Congress  for  the  return  of  fugitives  from  labor  is  one  required  and  demanded  by 
the  express  words  of  the  Constitution. 

The  Constitution  declares,  « '  That  no  person  held  to  service  or  labor  in  one  State,  under  the 
laws  thereof,  escaping  into  another,  shall,  in  consequence  of  any  law  or  regulation  therein,  be 
discharged  from  such  service  or  labor,  but  shall  be  delivered  up  on  claim  of  the  party  to  whom 
such  service  or  labor  may  be  due."  This  constitutional  provision  is  equally  obligatory  upon 
«h«  Legislative,  the  Executive,  and  Judicial  Departments  of  the  Government,  and  upon  every 
citizen  of  the  United  States.  f 

Congress,  however,  must,  from  necessity,  first  act  upon  the  subject,  by  prescribing  the  pro- 
ceedings necessary  to  ascertain  that  the  person  is  a  fugitive,  and  the  means  to  be  used  for  his 
restoration  to  the  claimant.  This  was  done  by  an  act  passed  during  the  first  term  of  President 


V 


14 

Washington,  which  was  amended  by  that  enacted  by  the  last  Congress,  and  it  now  remains  for 
the  Executive  and  Judicial  Departments  to  take  care  that  these  laws  be  faithfully  exe<5uted. 
This  injunction  of  the  Constitution  is  as  peremptory  and  as  binding  as  any  other,  it  stands  ex- 
actly on  the  same  foundation  as  that  clause  which  provides  for  the  return  of  fugitives  from 
justice,  or  that  which  declares  that  no  bill  of  attainder  or  ex  post  facto  law  shall  be  parsed,  or 
that  which  provides  for  an  equality  of  taxation  according  to  the  census,  or  the  clause  declaring 
that  all  duties  shall  be  uniform  throughout  the  United  States,  or  the  important  provision  that 
the  trial  of  all  crimes  shall  be  by  jury.  These  several  articles  and  clauses  of  the  Constitution, 
all  resting:  on  the  same  authority,  must  stand  or  fall  together.  Some  objections  have  been 
urged  against  the  details  of  the  act  for  the  return  of  fugitives  from  labor;  but  it  is  worthy  of  re- 
mark that  the  main  opposition  is  aimed  against  the  Constitution  itself,  and  proceeds  from  per- 
sons and  classes  of  persons,  many  of  whom  declare  their  wish  to  see  that  Constitution  over- 
turned. They  avow  their  hostility  to  any  law  which  shall  give  full  and  practical  effect  to  this 
requirement  of  the  Constitution.  Fortunately,  the  number  of  these  persons  is  comparatively 
small,  and  is  believed  to  be  daily  diminishing,  but  the  issue  which  they  present  is  one  which 
involves  the  supremacy  and  even  the  existence  of  the  Constitution. 

Cases  have  heretofore  arisen  in  which  individuals  have  denied  the  binding  authority  of  acts 
of  Congress,  and  even  States  have  proposed  to  nullify  such  acts,  upon  the  ground  that  the  Con- 
stitution was  the  supreme  law  of  the  land,  and  that  those  acts  of  Congress  were  repugnant  to 
that  instrument;  but  nullification  is  now  aimed,  not  so  much  against  particular  laws  aa  being 
•inconsistent  with  the  Constitution,  as  against  the  Constitution  itself;  and  it  is  not  to  be  disguised 
that  a  spirit  exists  and  has  been  actively  at  work  to  rend  asunder  this  Union,  which  is  our 
cherished  inheritance  from  our  revolutionary  fathers. 

In  my  last  annual  message  I  stated  that  I  considered  the  series  of  measures,  which  had  been 
adopted  at  the  previous  session,  in  reference  to  the  agitation  growing  out  of  the  Territorial  and 
slavery  questions,  as  a  final  settlement  in  principle  and  substance  of  the  dangerous  and  exciting 
subjects  which  they  embraced;  and  I  recommended  adherence  to  the  adjustment  established 
by  those  rneasutes,  until  time  and  experience  should  demonstrate  the  necessity  ®f  further  legis- 
lation to  guard  against  evasion  or  abuse.  I  was  not  induced  to  make  this  recommendation  be- 
cause 1  thought  those  measures  perfect,  for  no  human  legislation  can  be  perfect.  Wide  differ- 
ences and  jarring  opinions  can  only  be  reconciled  by  yielding  something  on  all  sides,  and  this 
result  had  been  reached  after  an  angry  conflict  of  many  months,  in  which  one  part  of.  the  coun- 
try was  arrayed  against  another,  and  violent  convulsion  seemed  to  be  imminent.  Looking  at 
the  interests  of  the  whole  country,  I  felt  it  to  be  my  duty  to  seize  upon  this  compromise  as  the 
best  that  could  be  obtained  amid  conflicting  interests,  and  to  insist  upon  it  as  a  final  settlement, 
to  be  adhered  to  by  all  who  value  the  peace  and  welfare  of  the  country.  A  year  has  now 
elapsed  since  that  recommendation  was  made.  To  that  recommendation  I  still  adhere,  and  I 
congratulate  you  and  the  country  upon  the  general  acquiescence  in  these  measures  of  peace 
which  has  been  exhibited  in  all  parts  of  the  Republic.  And  not  only  is  there  this  general  ac- 
quiescence in  these  measures,  but  the  spirit  of  conciliation  which  lias  been  manifested  in  regard 
to  them  in  all  parts  of  the  country  has  removed  doubts  and  uncertainties  in  the  minds  of  thou- 
sands of  good  men  concerning  the  durability  of  our  popular  institutions,  and  given  renewed 
assurance  that  our  Liberty  and  our  Union  may  subsist  together  for  the  benefit  of  this  and  ait 
succeeding  generations. 

MILLARD  FILLM-OR&. 
WASHINGTON   December  2,  1851. 


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